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!!URGENT!! Date of application

A section for posts relating to applications for Naturalisation or Registration as a British Citizen. Naturalisation

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makky86
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!!URGENT!! Date of application

Post by makky86 » Mon Jan 07, 2019 1:20 pm

Hi
I applied online using new SOPRA service. I thought the date of application would be the date i submit the documents

but I received email today about case ID being allocated.

Today is 7th Jan now I was issued ILR on 8th Jan 2018. Does that mean even if I submit documents on 14th Jan 2019 the application will be refused? What are my options now ?
II Youths a stuff neve endures II

bookerw100
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Re: !!URGENT!! Date of application

Post by bookerw100 » Mon Jan 07, 2019 4:47 pm

when did you apply and pay online?

I thought the date of application would be the date you attend your appointment as if you have purchased additional services like documents check etc would be pointless if UKVI have already started looking at the case.

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makky86
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Re: !!URGENT!! Date of application

Post by makky86 » Mon Jan 07, 2019 4:53 pm

bookerw100 wrote:
Mon Jan 07, 2019 4:47 pm
when did you apply and pay online?

I thought the date of application would be the date you attend your appointment as if you have purchased additional services like documents check etc would be pointless if UKVI have already started looking at the case.
I applied and paid online few days back but appointment I selected is 14th Jan 2019. Based on my qualifiying period.

I recieved the email that has put me in bit stress as if they would consider that as application date.

I will attach the covering letter hopefully they will not refuse
II Youths a stuff neve endures II

shankar981
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Re: !!URGENT!! Date of application

Post by shankar981 » Mon Jan 07, 2019 5:03 pm

You may find some information on Discretion in page 24:
https://assets.publishing.service.gov.u ... 2.0EXT.pdf

PS: I 'm not an expert on this subject. i'm just sharing what I came across when I read the documentation a couple of days ago to understand how the absences are computed.

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makky86
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Re: !!URGENT!! Date of application

Post by makky86 » Mon Jan 07, 2019 6:00 pm

shankar981 wrote:
Mon Jan 07, 2019 5:03 pm
You may find some information on Discretion in page 24:
https://assets.publishing.service.gov.u ... 2.0EXT.pdf

PS: I 'm not an expert on this subject. i'm just sharing what I came across when I read the documentation a couple of days ago to understand how the absences are computed.
Thanks but my question is what date would they consider either my online submission or date of appointment.
II Youths a stuff neve endures II

jgreen6123
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Re: !!URGENT!! Date of application

Post by jgreen6123 » Mon Jan 07, 2019 6:14 pm

makky86 wrote:
Mon Jan 07, 2019 6:00 pm
shankar981 wrote:
Mon Jan 07, 2019 5:03 pm
You may find some information on Discretion in page 24:
https://assets.publishing.service.gov.u ... 2.0EXT.pdf

PS: I 'm not an expert on this subject. i'm just sharing what I came across when I read the documentation a couple of days ago to understand how the absences are computed.
Thanks but my question is what date would they consider either my online submission or date of appointment.
HO procedures do not allow to waive the requirement of physical presence. The workaround is that applicants may get a letter requesting them to "redate" the application. This usually happens when someone was on a short holiday abroad 3/5 years before the application date. But if someone applies ridiculously early, they just refuse the application.

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makky86
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Re: !!URGENT!! Date of application

Post by makky86 » Mon Jan 07, 2019 6:38 pm

jgreen6123 wrote:
Mon Jan 07, 2019 6:14 pm
makky86 wrote:
Mon Jan 07, 2019 6:00 pm
shankar981 wrote:
Mon Jan 07, 2019 5:03 pm
You may find some information on Discretion in page 24:
https://assets.publishing.service.gov.u ... 2.0EXT.pdf

PS: I 'm not an expert on this subject. i'm just sharing what I came across when I read the documentation a couple of days ago to understand how the absences are computed.
Thanks but my question is what date would they consider either my online submission or date of appointment.

HO procedures do not allow to waive the requirement of physical presence. The workaround is that applicants may get a letter requesting them to "redate" the application. This usually happens when someone was on a short holiday abroad 3/5 years before the application date. But if someone applies ridiculously early, they just refuse the application.

Again , my issue is that I will be short of qualifying by one day if they consider online submission date. If not then it would be fine.
II Youths a stuff neve endures II

shankar981
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Re: !!URGENT!! Date of application

Post by shankar981 » Mon Jan 07, 2019 6:43 pm

Based on the past posts in this group, my understanding is that the date of payment of fee online is the date of the application.

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Re: !!URGENT!! Date of application

Post by makky86 » Mon Jan 07, 2019 6:56 pm

shankar981 wrote:
Mon Jan 07, 2019 6:43 pm
Based on the past posts in this group, my understanding is that the date of payment of fee online is the date of the application.
may be ... normally its the date home office recieve the application. I literally thought would be the date of appointment with SOPRA ! lets see
II Youths a stuff neve endures II

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Re: !!URGENT!! Date of application

Post by CR001 » Mon Jan 07, 2019 6:58 pm

makky86 wrote:
Mon Jan 07, 2019 6:56 pm
shankar981 wrote:
Mon Jan 07, 2019 6:43 pm
Based on the past posts in this group, my understanding is that the date of payment of fee online is the date of the application.
may be ... normally its the date home office recieve the application. I literally thought would be the date of appointment with SOPRA ! lets see
Date of applications is the date you submit and pay online.
Char (CR001 not Casa)
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makky86
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Re: !!URGENT!! Date of application

Post by makky86 » Mon Jan 07, 2019 7:26 pm

CR001 wrote:
Mon Jan 07, 2019 6:58 pm
makky86 wrote:
Mon Jan 07, 2019 6:56 pm
shankar981 wrote:
Mon Jan 07, 2019 6:43 pm
Based on the past posts in this group, my understanding is that the date of payment of fee online is the date of the application.
may be ... normally its the date home office recieve the application. I literally thought would be the date of appointment with SOPRA ! lets see
Date of applications is the date you submit and pay online.
Does it mean they will refuse the application? I have attached covering letter explaining confusion?
II Youths a stuff neve endures II

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Re: !!URGENT!! Date of application

Post by secret.simon » Mon Jan 07, 2019 7:27 pm

jgreen6123 wrote:
Mon Jan 07, 2019 6:14 pm
HO procedures do not allow to waive the requirement of physical presence.
It is not "HO procedures", it is the law.

Section 1(2)(a) of Schedule 1 of the British Nationality Act 1981 lays down the physical presence requirement. Section 2 lists the requirements that discretion can be exercised regarding. And physical presence is not one of them.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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makky86
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Re: !!URGENT!! Date of application

Post by makky86 » Mon Jan 07, 2019 7:31 pm

secret.simon wrote:
Mon Jan 07, 2019 7:27 pm
jgreen6123 wrote:
Mon Jan 07, 2019 6:14 pm
HO procedures do not allow to waive the requirement of physical presence.
It is not "HO procedures", it is the law.

Section 1(2)(a) of Schedule 1 of the British Nationality Act 1981 lays down the physical presence requirement. Section 2 lists the requirements that discretion can be exercised regarding. And physical presence is not one of them.
Do you think they'll apply discretion on my case as I applied earlier than qualifying period by couple of days but the appointment is next week?

I phoned home office the guy said don't withdraw as I will not get refund. He said that most probably case work will apply discretion.

I have submitted covering letter mentioning the situation.
II Youths a stuff neve endures II

secret.simon
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Re: !!URGENT!! Date of application

Post by secret.simon » Mon Jan 07, 2019 7:36 pm

If it is just a matter of the ILR acquisition being out of date by a day, it is highly likely (not certain though) that they will exercise discretion, provided you meet all other requirements.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

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Re: !!URGENT!! Date of application

Post by makky86 » Mon Jan 07, 2019 7:39 pm

secret.simon wrote:
Mon Jan 07, 2019 7:36 pm
If it is just a matter of the ILR acquisition being out of date by a day, it is highly likely (not certain though) that they will exercise discretion, provided you meet all other requirements.
Home office received the case today that means I am literally short by one day qualifying period. But then I was no in the UK until 11th Jan 5 years back ! I cannot believe I made this mistake.

Well lets see if I get good case worker or not otherwise £1300 will be wasted !
II Youths a stuff neve endures II

Hioru
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Re: !!URGENT!! Date of application

Post by Hioru » Mon Jan 07, 2019 7:45 pm

makky86 wrote:
Mon Jan 07, 2019 7:39 pm
Home office received the case today that means I am literally short by one day qualifying period. But then I was no in the UK until 11th Jan 5 years back ! I cannot believe I made this mistake.

Well lets see if I get good case worker or not otherwise £1300 will be wasted !
Wait, you haven't been in the UK 5 years ago? I would think that's even more serious than your 1 day till ILR problem!

If you haven't been physically present in the UK 5 years ago, they will either reject your application or use discretion and sent you a letter to redeclare your application (you put a signature again) and that would replace the old date of the application.

All I can say is, best of luck. 🙁

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makky86
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Re: !!URGENT!! Date of application

Post by makky86 » Mon Jan 07, 2019 8:22 pm

Hioru wrote:
Mon Jan 07, 2019 7:45 pm
makky86 wrote:
Mon Jan 07, 2019 7:39 pm
Home office received the case today that means I am literally short by one day qualifying period. But then I was no in the UK until 11th Jan 5 years back ! I cannot believe I made this mistake.

Well lets see if I get good case worker or not otherwise £1300 will be wasted !
Wait, you haven't been in the UK 5 years ago? I would think that's even more serious than your 1 day till ILR problem!

If you haven't been physically present in the UK 5 years ago, they will either reject your application or use discretion and sent you a letter to redeclare your application (you put a signature again) and that would replace the old date of the application.

All I can say is, best of luck. 🙁
It depends if they consider the date of applicat of the date I'll submit the docs through sopra or not !!
II Youths a stuff neve endures II

WhoAreYou
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Re: !!URGENT!! Date of application

Post by WhoAreYou » Mon Jan 07, 2019 9:54 pm

It is the date of online application. Yours will most likely be refused as you do not meet the presence requirements.

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makky86
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Re: !!URGENT!! Date of application

Post by makky86 » Mon Jan 07, 2019 9:58 pm

WhoAreYou wrote:
Mon Jan 07, 2019 9:54 pm
It is the date of online application. Yours will most likely be refused as you do not meet the presence requirements.
I feel the same. Well Unfortunately I cnanot do much.
II Youths a stuff neve endures II

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